Non-Raceday Inquiry – KF & WS Clotworthy

hearingid: 1fbcab085da5a247dd36d743d175d1b0

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non-Raceday Inquiry - KF & WS Clotworthy

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The defendants have been charged (Information 7881) with a breach of the New Zealand Rules of Racing by Chief Racecourse Inspector Mr J W McKenzie, as follows :

The defendants have been charged (Information 7881) with a breach of the New Zealand Rules of Racing by Chief Racecourse Inspector Mr J W McKenzie, as follows :

Both Mr KF Clotworthy and Mr WS Clotworthy admitted the charge.

SUMMARY OF FACTS:

On the 30^th October 2006 the Counties Racing Club held qualifying and catchweight trials at Pukekohe Park racecourse. Entries for these trials were taken beforehand and Mr W S (Shaun) Clotworthy, on behalf of the training partnership of he and his father Mr K F (Kim) Clotworthy, entered a number of horses in different heats.

The horse LAURETTE is a 5yo bay mare by CENTAINE ? FRENCH ACCOLADE. She is trained by the Clotworthys.

The other horse in this matter is named PUNCHESTOWN, which is a 5yo bay gelding by CICERAO ? ARTIC LIGHTS. It is also trained by the Clotworthys

LAURETTE is a horse with a racing performance of 18 starts, 2 wins, 2 seconds, 4 thirds, 1 fourth and 3 fifths.

PUNCHESTOWN is a maiden horse who had had four career starts for 1 fifth placing.

As a result of information received, on 12^th February 2007 the Racecourse Inspectors commenced inquiries into an allegation that the horse LAURETTE ran in a maiden catchweight trial under the name of PUNCHESTOWN.

Records were obtained and confirmation revealed that at the trials of the Counties racing Club at Pukekohe Park, on 30^th October 2006, the horse PUNCHESTOWN was entered in a maiden catchweight trial over a distance of 1200 metres, timed to start at 2:18 pm.

Inquiries continued and on 1^st March 2007 the Racecourse Inspectors interviewed Mr Shaun Clotworthy.

When confronted with the allegation Shaun readily admitted to the running of a different horse in the maiden heat, as scheduled in the trials on 30^th October 2006.

Mr Kim Clotworthy was then spoken to by the inspectors, in the presence of Shaun, and he too acknowledged that he was aware an incorrect horse had been entered into the maiden catchweight trial.

Inquiries with the rider of the horse in that trial, who was Ryan Allwood, the stable apprentice at that time, and other stable staff have confirmed that they were aware of the wrong horse running in the trial but were told by Mr Shaun Clotworthy, everything was all right. They presumed the matter had been cleared with the Club, and or officials and took the matter no further.

At that time, with only limited officials attending trial meetings, there was no official check on the identity of horses entered in trials as there is in races. Honesty on the part of the connections, in this case the trainers, is paramount.

This is not a matter of a mistake. It is not a matter of negligence. This was an intentional act to do something which quite clearly was dishonest. It is for that reason a charge of a serious racing offence under the provisions of Rule 1001 (1) (p) has been filed.

SUBMISSIONS

Mr McKenzie submitted the following :

This training partnership registered for Mr Kim and Mr Shaun Clotworthy has worked very successfully for some years now.

Racing relies heavily upon the honesty of those who choose to participate. We do not require owners to swear, by declaration or affidavit, that the contents of documents are true and correct. New Zealand Thoroughbred Racing accepts that information, recorded on forms, is accurate and honestly provided.

It is expected that those who are granted a licence under the Rules of Racing will at all times act professionally, properly and honestly. Character is one of the corner-stones upon which a licence is granted.

It is acknowledged that both Messrs Kim and Shaun Clotworthy have admitted knowingly doing a dishonest act, in that they entered and ran a different horse in a maiden catchweight trial to the horse that was recorded in the trials schedule.

This must be viewed very seriously and any penalty must act as a deterrent for any like-minded person.

In this case there were stable staff, the stable apprentice who queried his employer, but thought little more about it upon being told it was all right. He rightly or wrongly presumed it had been cleared with the officials.

Since the commencement of inquiries into these matters the Inspectors confirm they have received total co-operation from both defendants.

The Principles for Sentencing re matters connected with racing have been clearly set out in a leading appeal case in 1994, and Mr J W Gendall, now Mr Justice Gendall, clearly alluded to the need to consider each of those four principles as having real importance.

PENALTY SUBMISSIONS

If this matter had been about such an act involving a race during a totalisator meeting the penalty could be not less than five years disqualification. Had it been a qualifying trial where a horse is gaining points to run in a race the penalty should be not less than twelve months disqualification as a starting point.

In this case we are dealing with a catchweight event. It involved a two win mare running under the identity of a maiden gelding.

A starting point of six months disqualification would be appropriate.

Both defendants had no previous blemishes and this act was completely out of character. It was a dishonest act of gross stupidity. It had no merit except to give the mare LAURETTE an opportunity to go around in a trial. The fact there was no trial programmed that day for her to enter need not have prevented her from running at the end of the day. It could have been arranged.

Both defendants are owners as well as trainers. They have their lives invested in thoroughbred racing.

Mr McKenzie submitted that these defendants be sentenced to a period of two months suspension and a fine of $1,000.00 each.

In respect to costs Mr McKenzie sought costs for NZTR of $750 each and costs for the Judicial Control Authority.

Mr Shaun Clotworthy submitted the following :

He admitted that he was solely responsible for substituting LAURETTE in place of PUNCHESTOWN in the trial and that his father had no knowledge until after the trial.

He said the opportunity arose because PUNCHESTOWN was shin sore on the day of the trials and as there was no trial suitable for LAURETTE he took the opportunity of making the substitution.

He said there was nil monetary benefit or points to be earned from taking part in this trial. He believed he was doing the best for the owners as he wanted to take the edge off the horse in preparation for the Ellerslie Carnival.

Mr Kim Clotworthy submitted that the CENTAINE progeny were difficult to train and that his son had seen an opportunity to further this horse's preparation for the Christmas Carnival. He also said that this horse was their stable star and any loss of licence would stop them dead.

DECISION OF JUDICIAL COMMITTEE

The Committee considered all submissions and gave their decision as follows :

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1. Firstly, the Committee was satisfied that there was no intent, by entering LAURETTE in a catchweight trial, to gain monetary advantage.
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2. However, it was a deliberately dishonest act which cuts to the heart of the requirement of integrity in the racing industry.
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3. The gross mistake was made by Mr Shaun Clotworthy in knowingly starting a 2 win horse in a maiden catchweight.
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4. As far as Mr Clotworthy Senior is concerned, we believe such an experienced trainer should have approached the authorities upon discovering the facts.
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5. In setting the penalty we have considered the principles involved in sentencing which require us to reflect a deterrent element in assessing the penalty.
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6. We are mindful that this is a serious racing offence and that any penalty we impose must send a message to the industry.

The Committee carefully considered the submissions made by Mr McKenzie regarding disqualification and the impact it would have on the livelihood of the Defendants. However, as it was established that there was no financial advantage gained the Committee has decided suspension and a fine, rather than disqualification, is appropriate.

Accordingly we impose a term of suspension on the Clotworthy Training Partnership of 3 months from the date of this decision. In addition, we impose a fine of $1,500 each, plus costs of $750 each to New Zealand Thoroughbred Racing.

In addition, we order costs of $300 each to the Judicial Control Authority.

R M Seabrook                                                                     J Holloway

Chairman

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hearing_type: Old Hearing

Rules: 1001.1.p, 1001.2

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